Builder liability???

[bddo]

What is the name of your state? Texas

My wife and I purchased a new home from Kimball Hill in December of '03. The home was a spec home with several thousand dollars in upgrades.

After moving in, I began to notice bumps under the carpet throughout the house. A couple of weeks ago, after marking several spots with tape, I called in a warranty repair. The builder sent an inspector from the flooring company that laid the carpet to check it out. At the first spot, he found a piece of plastic about 1 inch wide and 12 inches long that was actually in the carpet pad. Other spots indicated pieces of wood, spilled sheetrock mud, etc.. The inspector did find in several spots that the pad appeared "defective".

I had him measure the pad which showed to be 3/8". Our paperwork from the builder shows that we paid extra for 1/2" upgraded pad throughout the house. The inspector checked several areas and found that the entire house had the 3/8" pad. I showed him my paperwork, and he said he would check on it.

The flooring company called this last Friday to set up an appt. to reinstall the new pad at no cost to us. The only problem is that I now have to take a day of vacation from work, move all breakable items, disconnect and reconnect all electronics, etc.

I called this morning to find out who's fault it was that the wrong pad was installed. The flooring company is saying it is their fault, but I have a funny feeling that the builder has worked a deal out with them to accept fault, due to the fact that we have had other major problems with the builder.

My question is: Is it legally possible to get reimbursement from the builder or flooring company for time off from work and cleaning costs? And, shouldn't this error have been found during inspections?

Thanks.

Bryan

 

[HomeGuru]

What is the name of your state? Texas

My wife and I purchased a new home from Kimball Hill in December of '03. The home was a spec home with several thousand dollars in upgrades.

After moving in, I began to notice bumps under the carpet throughout the house. A couple of weeks ago, after marking several spots with tape, I called in a warranty repair. The builder sent an inspector from the flooring company that laid the carpet to check it out. At the first spot, he found a piece of plastic about 1 inch wide and 12 inches long that was actually in the carpet pad. Other spots indicated pieces of wood, spilled sheetrock mud, etc.. The inspector did find in several spots that the pad appeared "defective".

I had him measure the pad which showed to be 3/8". Our paperwork from the builder shows that we paid extra for 1/2" upgraded pad throughout the house. The inspector checked several areas and found that the entire house had the 3/8" pad. I showed him my paperwork, and he said he would check on it.

The flooring company called this last Friday to set up an appt. to reinstall the new pad at no cost to us. The only problem is that I now have to take a day of vacation from work, move all breakable items, disconnect and reconnect all electronics, etc.

I called this morning to find out who's fault it was that the wrong pad was installed. The flooring company is saying it is their fault, but I have a funny feeling that the builder has worked a deal out with them to accept fault, due to the fact that we have had other major problems with the builder.

My question is: Is it legally possible to get reimbursement from the builder or flooring company for time off from work and cleaning costs?

**A: maybe, but is would not be worth it.
******

And, shouldn't this error have been found during inspections?

**A: yes, but many times such defects are not discovered.
*******

Thanks.

Bryan

**A: consider yourself lucky to have this issue resolved. Read about major problems at www.hadd.com

 

[bddo]

HomeGuru,

Under normal circumstances, I would be happy with just "getting it fixed". But, here is why I am fed up with this builder.

We moved in on Friday, Dec. 19th. On the same day the phone co. shows up to hook up phone and realizes that the Cat 5 and Coax cabling exits the house on the opposite side from the breaker boxes. Phone company says they can only hook up at location where house ground is located. The next day, Saturday, Time Warner shows up to hook up cable and tells us the same thing.

So, we go without phone or TV until the following Monday. After hounding the builder for the early part of the day, they finally get an electrician out. we spent the next 7 hours watching brick being knocked out of the sides of our house, new cable gets run, and the phone finally get's hooked up. No one showed to put plugs on the coax. On Christmas Eve, the builder's superindendant spends the evening at my house trying to put plugs on the coax, and figure out how they mislabeled the wiring from the wall plate to the Home Director box...

After several very heated phone calls with the project manager, and the threat of lawsuit, the builder put guttering on our house as their "compensation" for all of our troubles.

I know that the same project manager called the flooring company inspector right after our inspection, and spoke with him. That's why I feel pretty confident that the flooring company is accepting responsibility, but the builder is probably paying them for it.

 

[HomeGuru]

HomeGuru,

Under normal circumstances, I would be happy with just "getting it fixed". But, here is why I am fed up with this builder.

We moved in on Friday, Dec. 19th. On the same day the phone co. shows up to hook up phone and realizes that the Cat 5 and Coax cabling exits the house on the opposite side from the breaker boxes. Phone company says they can only hook up at location where house ground is located. The next day, Saturday, Time Warner shows up to hook up cable and tells us the same thing.

So, we go without phone or TV until the following Monday. After hounding the builder for the early part of the day, they finally get an electrician out. we spent the next 7 hours watching brick being knocked out of the sides of our house, new cable gets run, and the phone finally get's hooked up. No one showed to put plugs on the coax. On Christmas Eve, the builder's superindendant spends the evening at my house trying to put plugs on the coax, and figure out how they mislabeled the wiring from the wall plate to the Home Director box...

After several very heated phone calls with the project manager, and the threat of lawsuit, the builder put guttering on our house as their "compensation" for all of our troubles.

I know that the same project manager called the flooring company inspector right after our inspection, and spoke with him. That's why I feel pretty confident that the flooring company is accepting responsibility, but the builder is probably paying them for it.

**A: so what and who cares who accepts responsibility. The matter is being resolved. Get over it.

 

[bddo]

Homeguru,

I stumbled upon this website while trying to find assistance with a matter that was important to me. After reading some other posts on here, I thought I would see if anyone had recommendations for how to handle my issue. I've read several of your responses to other posts on here, and, at times, you seem to offer some decent advice. BUT, I do have one question for you..

Why do you have to be such a JERK when answering someones question? Your smartA$$ remarks are really useless...

 

[mykoleary]

Why do you have to be such a JERK when answering someones question? Your smartA$$ remarks are really useless...

Because he already answered your question when he said it wouldn't be worth it. That not being the answer you wanted, you kept pestering and asking again and again.

The fact that the answer is not what you wanted changes NOTHING!

YOUR diatribe is what is useless; accept the answer given. If you don't like it, well too bad for you. He knows the law more than you do or you wouldn;t have come here for advice...

 

[bddo]

Because he already answered your question when he said it wouldn't be worth it. That not being the answer you wanted, you kept pestering and asking again and again.

The fact that the answer is not what you wanted changes NOTHING!

YOUR diatribe is what is useless; accept the answer given. If you don't like it, well too bad for you. He knows the law more than you do or you wouldn;t have come here for advice...

Mykoleary,

Just a few points on your response...

1. Unless you see a different view of my previous post than I, it was addressed towards HomeGuru, NOT YOU!!!!! I really find it quite amusing when people like yourself use the internet as a way to play the "tough guy" and say things to people they would never say to their face.

2. Unless you are reading an entirely different post than the one I made, your statement of "you kept pestering and asking again and again" makes no sense. My first post was the question, and my second post was only intended to point out why I was frustrated with the builder. It didn't even contain a question in it. If this is your idea of pestering, then obviously you are the one with the problem.

3. Again, I'm not sure why you thought you should add your worthless opinion here, but it obviously backs up what I have read in other posts on this board. Hopefully, jerks like yourself and HomeGuru are few and far between on this board, but in my short time on here, it's been enough to know this site is useless.

4. Lastly, as far as HomeGuru and his knowledge of the law, hopefully he really knows his stuff. But, with the little one liner answers that I have seen in quite a few of his responses, it's really hard to judge. Anyone could come up with answers as generic as most of his. Here are a couple of quotes from his responses...

"tell that mortgage idiot to pound crap. And tell him that HomeGuru says he's an idiot and so is his mortgage broker" NOW THAT'S HELPFUL!!!

"if the audit is required by law, that is your answer"

"and perhaps the homeowners could form an investigative committee to audit the audit committee." And he's supposed to be funny, too???

"no" HMMM....I think even I could have given an answer like this...50/50 shot...


Oh well, so it was a learning experience for me...Have fun!!!!

 

[HomeGuru]

Oh brother, mikey, where do these people come from?

 

[mykoleary]

Oh brother, mikey, where do these people come from?

I don't know, but what they say about everything being bigger in Texas must be true...

 

[HomeGuru]

I guess the writer made a bigger mistake.